Reports of the Cases Decided in the Appellate Court of Indiana Volume 29

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1903 edition. Excerpt: ...for alimony and the care and custody of a minor child or children is final upon the facts as they existed at the time of the rendition of the judgment, and any modification as to the care, custody, and nursing of the minor child or children must be based upon the conduct or changed circumstances of the parties subsequent to the order made in the divorce case. p. 384. SAME.--Ca-'e and Custody of C'hildre'n.--M0d1: ficati0n of Judgment.Where a decree of divorce awarding alimony and the care and custody of a minor child to the wife was rendered, which, in terms, made no provision for the support of the child, the decree may be modified by requiring the husband to contribute to the support of the child upon a showing that the wife is no longer able to support it, although there was no reservation in the original decree as to the modification thereof. pp. 385, 386. From Marion Superior Court; J. L. Mcllfaster, Judge. Proceeding by Mary Tobin against John W. Tobin for the modification of a divorce decree. From a judgment in favor of defendant, plaintiff appeals. Reversed. II. P. Clancy, for appellant. J. J. Rockford and J. M. Wall, for appellee. CoMsToo1, J.--The appellant in this proceeding seeks to have a decree rendered at the May term, 1896, of the Marion Superior Court modified in accordance with her petition filed at the January term, 1901. In the original decree the appellant, as stated in the petition, was granted a divorce from appellee, was given the custody of their minor child, named in the petition, and a judgment in her favor for alimony in the sum of $675, which sum was afterwards paid. The trial court sustained a demurrer to the petition for want of facts. This action of the court is assigned as error. No reservation was..show more